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The Rights of Access to Justice under Customary International Law

FRANCESCO FRANCIONI

in Access to Justice as a Human Right

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199233083
eISBN:
9780191696589
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233083.003.0001
Subject:
Law, Human Rights and Immigration

This chapter evaluates whether an individual right of access to justice has emerged under customary international law, and, if so, its scope and the limits to its exercise. It examines the access to ... More


Access to Justice, Denial of Justice, and International Investment Law

Francesco Francioni

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

Although customary international law does not provide for an individual right of access to justice before international tribunals, treaty law has been gradually recognizing and consolidating an ... More


Access to Justice in European Comparative Law

EVA STORSKRUBB and JACQUES ZILLER

in Access to Justice as a Human Right

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199233083
eISBN:
9780191696589
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233083.003.0006
Subject:
Law, Human Rights and Immigration

This chapter reviews the constitutional provisions of the European Union (EU) Member States. Then, some of the most pressing issues with regard to implementation and enforcement of the access to ... More


Access to Justice: I

Ross Cranston

in How Law Works

Published in print:
1993
Published Online:
March 2012
ISBN:
9780199292073
eISBN:
9780191700699
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199292073.003.0002
Subject:
Law, Legal Profession and Ethics

This chapter is about the compensating mechanisms and how they work to further access to justice. It starts by reviewing how publicly funded ... More


Setting an Agenda for the Global Clinical Movement

MARGARET (PEGGY) MAISEL

in The Global Clinical Movement: Educating Lawyers for Social Justice

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195381146
eISBN:
9780199869305
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195381146.003.0023
Subject:
Law, Public International Law

This chapter addresses the need for the global clinical movement, which despite its widely shared mission and significant accomplishments still lacks a clear vision of how to influence the legal ... More


How Law Works

Ross Cranston

Published in print:
1993
Published Online:
March 2012
ISBN:
9780199292073
eISBN:
9780191700699
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199292073.001.0001
Subject:
Law, Legal Profession and Ethics

Access to justice, equality before the law, and the rule of law are three fundamental values underpinning the civil justice system. This book examines these values and ... More


The Individual Right of Access to Justice in Times of Crisis: Emergencies, Armed Conflict, and Terrorism

FIONNUALA NÍ AOLÁIN

in Access to Justice as a Human Right

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199233083
eISBN:
9780191696589
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233083.003.0002
Subject:
Law, Human Rights and Immigration

This chapter examines the individual right of access to justice in times of crisis, such as armed conflict, emergency, or terrorism. It explores a variety of issues related to access via the prism of ... More


Views from Legal Practice: Access to justice: a solicitor's view

Arthur Marriott

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0028
Subject:
Law, Legal History

Although the House of Lords has confirmed that the right of access to justice is a fundamental feature of English common law, it has done relatively little to make that right into a meaningful ... More


Access to Justice: II

Ross Cranston

in How Law Works

Published in print:
1993
Published Online:
March 2012
ISBN:
9780199292073
eISBN:
9780191700699
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199292073.003.0003
Subject:
Law, Legal Profession and Ethics

This chapter addresses the measures taken to further access to justice. It mostly concentrates on the Indian subcontinent, with references to ... More


The Interrelation between the Access to Justice (Right to an Effective Remedy) and the Guarantees of the Due Process of Law

Antônio Augusto Cançado Trindade

in The Access of Individuals to International Justice

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199580958
eISBN:
9780191728785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580958.003.0004
Subject:
Law, Human Rights and Immigration

The right of access to justice, considered lato sensu, encompasses the right to an effective remedy and the guarantees of the due process of law. This has been duly recognized in the case-law of the ... More


Introduction

Ross Cranston

in How Law Works

Published in print:
1993
Published Online:
March 2012
ISBN:
9780199292073
eISBN:
9780191700699
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199292073.003.0001
Subject:
Law, Legal Profession and Ethics

This chapter provides an analytical overview of the book. It annotates the chapters within the broader context of their subject matter. The first part ... More


Access to Justice for Victims of Torture

RORY STEPHEN BROWN

in Access to Justice as a Human Right

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199233083
eISBN:
9780191696589
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233083.003.0007
Subject:
Law, Human Rights and Immigration

This chapter addresses the lack of practical, realizable remedies for victims of torture. It should be noted at the outset that the analysis is restricted to the civil law of remedies for torture. It ... More


The Extraterritorial Application of Access to Justice Rights: On The Availability of Israeli Courts to Palestinian Plaintiffs

Michael M Karayanni

in Private International Law and Global Governance

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198727620
eISBN:
9780191793684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727620.003.0012
Subject:
Law, Private International Law, Constitutional and Administrative Law

The extraterritorial scope of access to justice rights has so far remained an obscure topic. The rich experience accumulated in Israel with civil claims filed by Palestinian residents and Israeli ... More


Access to Justice at International Level and the Right to an Effective Domestic Remedy

Antônio Augusto Cançado Trindade

in The Access of Individuals to International Justice

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199580958
eISBN:
9780191728785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580958.003.0003
Subject:
Law, Human Rights and Immigration

In examining the access to international justice, an issue to consider is the conditions of admissibility of petitions lodged with international organs of protection of human rights. The right to an ... More


Introduction

Déirdre Dwyer

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0001
Subject:
Law, Constitutional and Administrative Law

The Civil Procedure Rules (CPR), which unified the rules of civil procedure in the High Court and county courts for the first time, took effect in April 1999. Based on the findings of Lord Woolf's ... More


Legal Aid

Eva Storskrubb

in Civil Procedure and EU Law: A Policy Area Uncovered

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533176
eISBN:
9780191714504
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533176.003.0010
Subject:
Law, EU Law

This chapter analyses the legislative history, main substantive content, and normative implications of Directive (EC) No 8/2003 to improve access to justice in cross-border disputes by establishing ... More


The Protection of Victims in Situations of Great Adversity or Defencelessness – II

Antônio Augusto Cançado Trindade

in The Access of Individuals to International Justice

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199580958
eISBN:
9780191728785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580958.003.0009
Subject:
Law, Human Rights and Immigration

The need to secure the individuals' access to justice in circumstances of adversity has further been asserted to the benefit of abandoned or ‘street’ children, members of peace communities and other ... More


Access to Digital Justice

Ethan Katsh and Orna Rabinovich-Einy

in Digital Justice: Technology and the Internet of Disputes

Published in print:
2017
Published Online:
April 2017
ISBN:
9780190464585
eISBN:
9780190464615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190464585.003.0003
Subject:
Law, Company and Commercial Law

Chapter 2 offers a conceptual framework of access to digital justice through which the case studies in later chapters are analyzed. It opens with an overview of the origins of access to justice, the ... More


Clinical Legal Education in Africa: Legal Education and Community Service

DAVID MCQUOID-MASON, ERNEST OJUKWU, and GEORGE MUKUNDI WACHIRA

in The Global Clinical Movement: Educating Lawyers for Social Justice

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195381146
eISBN:
9780199869305
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195381146.003.0002
Subject:
Law, Public International Law

This chapter covers clinical legal education in Southern, East, and West Africa. It includes a short history of law clinics in each region, as well as an analysis of why the law clinics were needed ... More


The Overcoming of Obstacles to Direct Access to Justice

Antônio Augusto Cançado Trindade

in The Access of Individuals to International Justice

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199580958
eISBN:
9780191728785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580958.003.0011
Subject:
Law, Human Rights and Immigration

International human rights tribunals, such as the Inter-American and the European Courts of Human Rights, have in recent years been engaged in overcoming obstacles to the individual's direct access ... More


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